divorced my husband of 32 1/2 yrs on 4/20/03 and received a large sum of his 401k. In 2004, I began a 10 yr. payout with monthly payments. I have always included the income and the Federal & State withholdings on my joint return with my husband whom I married the same year. The divorce decree stated I was responsible for a specific credit card. In 2005, I thought his name had been taken off the CC, but it wasn't.
I filed for Social Security Disability in April 2005 after a car wreck. Long story short, Administrative Law Judge ruled in my favor sometime in 7/2006 and granted disability around 10/20/04 as my Neurosurgeon stated I was 100% disabled. From 5/1/05 - 11/27/07 I had 5 surgeries. Last year, husband was off work 7 1/2 months due to 5 ByPass Surgery 2/07 & then a Pacemaker 6/07. This was mandatory by the DOT as he is a Truck Driver.
I called my ex-husband after meeting with an Attorney the latter part of 9/07 Told him Attorney said definitely Chapter 7 (current on house payment & husband's truck payment) and to let ex-husband worry about CC debt of approximately $25,000. I had given him a Breakdown of our Income and Expenses from 1/08-8/08.
Again, long story short, my sister paid the CC off. I spoke with the Attorney's Assistant in November 2007 & he talked to our Attorney who said okay on the Promissory Note written with no interest & payments of $500. Credit Card payment was $498.
I had some other questions so had appt. with Attorney last week (very quick meeting) & he said 'No Go' on the Promissory Note. I made a payment to my sister in Nov. & Dec. and told him such. He said tell your sister, who has since married my ex-husband, to wait until after Discharge of Bankruptcy and don't show her as a Creditor. Sister wants to file Note in Circuit Court & attach a Lien against our home or wants to battle with the Trustee. She's been very kind.
Husband made $36,895.92 last year and I received $26,617 from 401K. Received 1 draw on 401K in 1/09 & have stopped the payments, even though it's only been 5 yrs & not the 10 yr. payout because I've lost so much, not enough left to even get me through this year. That is over Median Income right? Will be filing using Federal rules. Also, husband has never kept receipts on his expenses while on the road as I've used his log books & when he was out overnight I used the IRS allowable expense.
Just last week, Attorney said husband should have kept receipts (never mentioned this in 9/07 or that I should be keeping receipts on Groceries, etc.
Hubby buys the groceries as I'm unable to walk through Kroger or Wal-Mart. We started keeping receipts the past two weeks. I know we've spent over $528 a month on groceries because of Husband's heart condition, but I don't have the receipts.
Now, my lawsuit concerning the wreck of 3/14/05 is coming up 2/6/09. My Attorney (different than BK Atty.) says he has been in contact with the guy who hit us Insurance Atty. and he says they will settle before going to court. Guy who hit us only had $25,000 in Medical Liability. Again, long story short, I will Probably get $5,000, my Attorney $5,000 and my medical insurance $5,000, BUT Attorney cannot guarantee disbursement by end of Feb. & told me not to file BK until suit was dismissed, disbursements made and I had spent the money. No Big deal on spending the money as I owe $4,664 in dental bills. So looks like last day of April 2009 before filing (Attorney only files BKs' the last working day of each month).
Our 6 1/2 yr. old furkid (shih-tzu) got sick in 10/07 and we've spent over $1,000 in Vet bills, Prescriptions medicine and is on Prescription Dog Food for the rest of her life. Don't tell me to get rid of her. We've had her since she was 6 weeks old and she is company for me as my husband is usually on the road early Sunday to late Friday night.
I wish I would have found this Board before meeting with Attorney in 9/07 as this whole ordeal has made me ILL. I've lost 25 lbs since 11/07, cancelled my Bladder surgery & not taking medication as diagnosed by my Pain Management Doctor because it's too expensive. I've spent everyday going through our Credit Card bills back to 2003 as Attorney requested all charges over $1,000 to be documented for ALL Years & any Cash Advance on CC over $750 or charged over $1,000 in the last year. I got some furniture over 50 yrs old. 4 Pieces I cannot find on the Internet.
No one can just ignore the Promissory Note. Shouldn't I list her as a Creditor? Know nothing about any Schedules...just have a packet of Attorney forms'.
Attorney's Statement of Financial Affairs says:
#3 (a) made any payments totaling $600 or more to any one creditor within the past 90 days which I will list my house & truck payment.
(b) made any payments to any relatives, friends, partners or corporation in which you were an officer over the last year.
Help!
Luci
I filed for Social Security Disability in April 2005 after a car wreck. Long story short, Administrative Law Judge ruled in my favor sometime in 7/2006 and granted disability around 10/20/04 as my Neurosurgeon stated I was 100% disabled. From 5/1/05 - 11/27/07 I had 5 surgeries. Last year, husband was off work 7 1/2 months due to 5 ByPass Surgery 2/07 & then a Pacemaker 6/07. This was mandatory by the DOT as he is a Truck Driver.
I called my ex-husband after meeting with an Attorney the latter part of 9/07 Told him Attorney said definitely Chapter 7 (current on house payment & husband's truck payment) and to let ex-husband worry about CC debt of approximately $25,000. I had given him a Breakdown of our Income and Expenses from 1/08-8/08.
Again, long story short, my sister paid the CC off. I spoke with the Attorney's Assistant in November 2007 & he talked to our Attorney who said okay on the Promissory Note written with no interest & payments of $500. Credit Card payment was $498.
I had some other questions so had appt. with Attorney last week (very quick meeting) & he said 'No Go' on the Promissory Note. I made a payment to my sister in Nov. & Dec. and told him such. He said tell your sister, who has since married my ex-husband, to wait until after Discharge of Bankruptcy and don't show her as a Creditor. Sister wants to file Note in Circuit Court & attach a Lien against our home or wants to battle with the Trustee. She's been very kind.
Husband made $36,895.92 last year and I received $26,617 from 401K. Received 1 draw on 401K in 1/09 & have stopped the payments, even though it's only been 5 yrs & not the 10 yr. payout because I've lost so much, not enough left to even get me through this year. That is over Median Income right? Will be filing using Federal rules. Also, husband has never kept receipts on his expenses while on the road as I've used his log books & when he was out overnight I used the IRS allowable expense.
Just last week, Attorney said husband should have kept receipts (never mentioned this in 9/07 or that I should be keeping receipts on Groceries, etc.
Hubby buys the groceries as I'm unable to walk through Kroger or Wal-Mart. We started keeping receipts the past two weeks. I know we've spent over $528 a month on groceries because of Husband's heart condition, but I don't have the receipts.
Now, my lawsuit concerning the wreck of 3/14/05 is coming up 2/6/09. My Attorney (different than BK Atty.) says he has been in contact with the guy who hit us Insurance Atty. and he says they will settle before going to court. Guy who hit us only had $25,000 in Medical Liability. Again, long story short, I will Probably get $5,000, my Attorney $5,000 and my medical insurance $5,000, BUT Attorney cannot guarantee disbursement by end of Feb. & told me not to file BK until suit was dismissed, disbursements made and I had spent the money. No Big deal on spending the money as I owe $4,664 in dental bills. So looks like last day of April 2009 before filing (Attorney only files BKs' the last working day of each month).
Our 6 1/2 yr. old furkid (shih-tzu) got sick in 10/07 and we've spent over $1,000 in Vet bills, Prescriptions medicine and is on Prescription Dog Food for the rest of her life. Don't tell me to get rid of her. We've had her since she was 6 weeks old and she is company for me as my husband is usually on the road early Sunday to late Friday night.
I wish I would have found this Board before meeting with Attorney in 9/07 as this whole ordeal has made me ILL. I've lost 25 lbs since 11/07, cancelled my Bladder surgery & not taking medication as diagnosed by my Pain Management Doctor because it's too expensive. I've spent everyday going through our Credit Card bills back to 2003 as Attorney requested all charges over $1,000 to be documented for ALL Years & any Cash Advance on CC over $750 or charged over $1,000 in the last year. I got some furniture over 50 yrs old. 4 Pieces I cannot find on the Internet.
No one can just ignore the Promissory Note. Shouldn't I list her as a Creditor? Know nothing about any Schedules...just have a packet of Attorney forms'.
Attorney's Statement of Financial Affairs says:
#3 (a) made any payments totaling $600 or more to any one creditor within the past 90 days which I will list my house & truck payment.
(b) made any payments to any relatives, friends, partners or corporation in which you were an officer over the last year.
Help!
Luci
Comment